Margaret Ann Alford v. Cornelius J. Noonan

CLARK, Chief Judge (dissenting).

I would affirm the judgment below, based as it is on a jury verdict rendered upon persuasive evidence in accordance with a charge accepting the realities of modern highway traffic in the United States for Vermont as well.

Appellant Noonan employed Slock-bower, the nonappealing co-defendant and driver of appellant’s automobile at the time of the accident, to drive him and his wife on a vacation trip in Vermont. This employment took Slockbower away from his home in New Jersey. He had no regular hours and was required to hold himself ready to drive for Noonan at…